Case Note & Summary
The Madurai Bench of Madras High Court dismissed a habeas corpus petition filed by a father seeking production of his adult daughter. The petitioner, Muthukumar, approached the court under Article 226 of the Constitution of India, praying for a direction to the respondents, the State of Tamil Nadu represented by the Superintendent of Police, Madurai District, and the Inspector of Police, Oomachikulam Police Station, Madurai District, to produce the body of his daughter, Abinaya, aged about 20 years, and set her at liberty. The petition was heard by a Division Bench comprising Dr. Justice G. Jayachandran and Ms. Justice R. Poornima. The counsel for the petitioner and the Additional Public Prosecutor for the respondents were heard, and the materials placed before the court were perused. The court recorded that the petitioner's daughter, who was 21 years old, had left her home because she had developed a friendship with a relative boy and had married him against the wishes of her parents. The father filed the habeas corpus petition seeking production of his daughter. Upon intimation from the police, the daughter appeared before the court and stated that since her parents were against her wish, she left the home and had married one Navaneethan and was living with him along with his family members. The petitioner was also present and acknowledged awareness of subsequent developments through Melur All Women Police Station where his daughter had given a complaint against her parents. The court found that the daughter of the petitioner was an adult who had voluntarily left her parental home and married, and she was not under any illegal confinement. The court held that no writ of habeas corpus could be issued in the absence of illegal confinement. Accordingly, the habeas corpus petition was dismissed, recording the fact that the daughter was not under any illegal confinement to issue a writ of habeas corpus.
Headnote
A) Constitutional Law - Writ of Habeas Corpus - Article 226 Constitution of India - Illegal Confinement - Adult detenue voluntarily left parental home and married against parents' wishes - The court dismissed the habeas corpus petition recording that the daughter was not under any illegal confinement and therefore no writ of habeas corpus could be issued - Held that habeas corpus cannot be issued when an adult appears before court expressing free will and is living with her husband and his family (Paras 1-4).
Issue of Consideration
Whether a writ of habeas corpus can be issued for an adult daughter who voluntarily left her parental home and married, when she appeared before court and stated she was not under illegal confinement.
Final Decision
The Habeas Corpus Petition was dismissed. The court recorded that the daughter of the petitioner was not under any illegal confinement to issue a Writ of Habeas Corpus.
Law Points
- Habeas corpus cannot be issued in absence of illegal confinement
- an adult's voluntary choice to marry and live with spouse cannot be interfered with by habeas corpus
- Article 226 Constitution of India
